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THE NATIONAL LAW SCHOOL OF INDIA ACT, 1986.
ARRANGEMENTS OF SECTIONS.
II
Amendment Act 3 of 1993.- Under section 9 of the National Law School of India Act,
1986, the General Council is described as the supreme authority of the school. Since the
role of the General Council is advisory in nature it is proposed to describe the General
Council as chief advisory body and it is also considered necessary to modify the powers of
the General Council suitably. The proposal is in pursuance of the suggestion made by the
University Grants Commission.
This Bill seeks to replace the National Law School of India (Amendment) Ordinance,
1992.
Hence the Bill.
(Obtained from L.A. Bill NO. 20 of 1992.)
III
Amendment Act 15 of 2004.- Based on the suggestion made on 28.1.2000 by the
Search Committee for preparing panel of names for appointment of Director of National Law
School of India University it is considered necessary to amend the National Law School of
India Act, 1986 to change the nomenclature of the post of "Director" and "Visitor" as Vice-
Chancellor and Chancellor respectively to be on par with other Universities.
Hence the Bill
(Obtained from LC Bill 7 of 2004)
****
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(3) "Bar Council of India Trust" means the Bar Council of India Trust, a public
charitable trust, got created by the Bar Council of India;
(4) "Chairman" means the Chairman of the General Council;
1
[(5) Vice Chancellor means the Vice Chancellor of the School]1
1. Substituted by Act 1 5 of 2004 w.e.f. 6.3.2004
(2) The School shall be a body corporate by the name aforesaid, having perpetual
succession and a common seal with power, subject to the provisions of this Act, to acquire
and hold property, to contract and shall, by the said name, sue and be sued.
(3) In all suits and other legal proceedings by or against the School, the pleadings
shall be signed and verified by the 1[Vice Chancellor]1 and all processes in such suits and
proceedings shall be issued to, and served on, the 1[Vice Chancellor] 1
(4) The headquarters of the School shall be at Bangalore.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
4. The Objects of the School etc.- (1) The Objects of the School shall be to
advance and disseminate learning and knowledge of law and legal processes and their role
in national development, to develop in the student and research scholar a sense of
responsibility to serve society in the field of law by developing skills in regard to advocacy,
legal services, legislation, law reforms and the like, to organise lectures, seminars, symposia
and conferences to promote legal knowledge and to make law and legal processes efficient
instruments of social development, to hold examinations and confer degrees and other
academic distinctions and to do all such things as are incidental, necessary or conducive to
the attainment of all or any of the objects of the School.
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(2) The School shall be open to all persons of either sex irrespective of race, creed,
caste or class of all religions and it shall not be lawful for the school to impose on any person
any test whatsoever of religious belief or profession in order to entitle him to be admitted
thereto as a teacher or a student or to hold any office therein or to graduate thereat or to
enjoy or to exercise any privilege thereof.
5. Powers and functions of the School.- The powers and functions of the School
shall be,-
(i) to administer and manage the School and such centres for research, education
and instruction as are necessary for the furtherance of the objects of the School;
(ii) to provide for instruction in such branches of knowledge or learning pertaining to
law, as the School may think fit and to make provision for research and for the advancement
and dissemination of knowledge of law;
(iii) to organise and undertake extra-mural teaching and extension services;
(iv) to hold examinations and to grant diplomas or certificates, and to confer degrees
and other academic distinctions on persons subject to such conditions as the School may
determine and to withdraw any such diplomas, certificates, degrees or other academic
distinctions for good and sufficient cause;
(v) to confer honorary degrees or other distinctions in the manner laid down in the
regulations;
(vi) to fix, demand and receive fees and other charges;
(vii) to institute and maintain halls and hostels and to recognise places of residence
for the students of the School and to withdraw such recognition accorded to any such place
of residence;
(viii) to establish such special centres, specialised study centres or other units for
research and instruction as are, in the opinion of the School, necessary for the furtherance
of its objects;
(ix) to supervise and control the residence and to regulate the discipline of the
students of the School and to make arrangements for promoting their health;
(x) to make such arrangements in respect of the residence, discipline and teaching
of women students;
(xi) to create academic, technical, administrative, ministerial and other posts and to
make appointments thereto;
(xii) to regulate and enforce discipline among the employees of the School and to
take such disciplinary measures as may be deemed necessary;
(xiii) to institute professorships, associate professorships, assistant professorships,
readerships, lecturerships, and any other teaching, academic or research posts required by
the School;
(xiv) to appoint persons as professors, associate professors, assistant professors,
readers, lecturers or otherwise as teachers and researchers of the School;
(xv) to institute and award fellowships, scholarships, prizes and medals;
(xvi) to provide for printing, reproduction and publication of research and other works
and to organise exhibitions;
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(xvii) to sponsor and undertake research in all aspects of law, justice and social
development;
(xviii) to co-operate with any other organisation in the matter of education, training and
research in law, justice, social development and allied subjects for such purposes as may be
agreed upon on such terms and conditions as the School may from time to time determine;
(xix) to co-operate with institutions of higher learning in any part of the world having
objects wholly or partially similar to those of the School, by exchange of teachers and
scholars and generally in such manner as may be conducive to the common objects;
(xx) to regulate the expenditure and to manage the accounts of the School;
(xxi) to establish and maintain within the School's premises or elsewhere, such class
rooms, and study halls as the School may consider necessary and adequately furnish the
same and to establish and maintain such libraries and reading rooms as may appear
convenient or necessary for the School;
(xxii) to receive grants, subventions, subscriptions, donations and gifts for the
purpose of the School and consistent with the objects for which the School is established;
(xxiii) to purchase, take on lease or accept as gifts or otherwise any land or building or
works, which may be necessary or convenient for the purpose of the School and on such
terms and conditions as it may think fit and proper and to construct or alter and maintain any
such building or works;
(xxiv) to sell, exchange, lease or otherwise dispose of all or any portion of the
properties of the School, moveable or immovable, on such terms as it may think fit and
proper without prejudice to the interest and activities of the School;
(xxv) to draw and accept, to make and endorse, to discount and negotiate,
Government of India and other promissory notes, bills of exchange, cheques or other
negotiable instruments;
(xxvi) to execute conveyances, transfers, reconveyances, mortgages, leases, licences
and agreements in respect of property, moveable or immovable including Government
securities belonging to the School or to be acquired for the purpose of the School;
(xxvii) to appoint in order to execute an instrument or transact any business of the
School any person as it may deem fit ;
(xxviii) to give up and cease from carrying on any classes or departments of the School;
(xxix) to enter into any agreement with Central Government, State Governments, the
University Grants Commission or other authorities for receiving grants;
(xxx) to accept grants of money, securities or property of any kind on such terms as
may deem expedient;
(xxxi) to raise and borrow money on bonds, mortgages, promissory notes or other
obligations or securities founded or based upon all or any of the properties and assets of the
School or without any securities and upon such terms and conditions as it may think fit and
to pay out of the funds of the School, all expenses incidental to the raising of money, and to
repay and redeem any money borrowed;
(xxxii) to invest the funds of the School or money entrusted to the School in or upon
such securities and in such manner as it may deem fit and from time to time transpose any
investment;
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(xxxiii) to make such regulations as may, from time to time, be considered necessary for
regulating the affairs and the management of the School and to alter, modify and to rescind
them;
(xxxiv) to constitute for the benefit of the academic, technical, administrative and other
staff, in such manner and subject to such conditions as may be prescribed by the
regulations, such as pension, insurance, provident fund and gratuity as it may deem fit and
to make such grants as it may think fit for the benefit of any employees of the School, and to
aid in establishment and support of the associations, institutions, funds, trusts and
conveyance calculated to benefit the staff and the students of the School;
(xxxv) to delegate all or any of its powers to the Director of the School or any committee
or any sub-committee or to any one or more members of its body or its officers; and
(xxxvi) to do all such other acts and things as the School may consider necessary,
conducive or incidental to the attainment or enlargement of the aforesaid objects or any one
of them.
6. Teaching of the School.- (1) All recognised teaching in connection with the
degree, diplomas and certificates of the School shall be conducted, under the control of the
General Council, by the teachers of the School, in accordance with the syllabus prescribed
by the regulations.
(2) The courses and curricula and the authorities responsible for organising such
teaching shall be as prescribed by the regulations.
7. 1[Chancellor]1 of the School.- (1) A Judge nominated by the Society shall be the 1
(2) The 1 [Chancellor] 1 shall have the right to cause an inspection to be made by
such person or persons as he may direct, of the School, its buildings, libraries and
equipments and of any institution maintained by the School, and also of the examinations,
teaching and other work conducted or done by the School and to cause an inquiry to be
made in like manner in respect of any matter connected with the administration and finances
of the School.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(3) The 1 [Chancellor] 1 shall, in every case give notice, to the School of his intention
to cause an inspection or inquiry to be made, and the School shall be entitled to appoint a
representative who shall have the right to be present and be heard at such inspection or
inquiry.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(4) The 1 [Chancellor] 1 may address the 1 [Vice Chancellor] 1 with reference to the
result of such inspection or inquiry, and the 1 [Vice Chancellor] 1 shall communicate to the
General Council the views of the 1 [Chancellor] 1 along with such advice as the 1
[Chancellor]1 may have offered on the action to be taken thereon.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
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(5) The General Council shall communicate through the 1 [Vice Chancellor] 1 to the 1
[Chancellor] 1 such action, if any, as it proposes to take or has been taken on the result of
such inspection or inquiry.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
10. The Executive Council.- (1) The Executive Council shall be the chief
executive body of the School.
(2) The administration, management and control of the School and the income
thereof shall be vested with the Executive Council which shall control and administer the
property and funds of the School.
11. The Academic Council.- The Academic Council shall be the academic body of
the School, and shall, subject to the provisions of this Act and the regulations, have power of
control and general regulation of, and be responsible for, the maintenance of standards of
instruction, education and examination of the School, and shall exercise such other powers
and perform such other duties as may be conferred or imposed upon it by this Act or the
regulations. It shall have the right to advise the Executive Council on all academic matters.
12. Officers of the School.- The following shall be the officers of the School,
namely.-
(a) the 1 [Vice Chancellor] 1
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
10
Provided further that except with the prior concurrence of the Academic Council, the
Executive Council shall not make, amend or repeal any regulation affecting any or all of the
following matters, namely:-
(a) the constitution, powers and duties of the Academic Council;
(b) the authorities responsible for organising teaching in connection with the School
courses and related academic programmes;
(c) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(d) the establishment and abolition of faculties, departments, halls and institutions;
(e) the institution of fellowships, scholarships, studentships, exhibitions, medals and
prizes;
(f) conditions and modes of appointment of examiners or conduct or standard of
examinations or any other course of study;
(g) mode of enrolment or admission of students;
(h) examinations to be recognised as equivalent to school examinations.
(2) The Academic Council shall have the power to propose regulations on all the
matters specified in (a) to (h) above and matters incidental and related thereto in this
regard.
(3) Where the Executive Council has rejected the draft of a regulation proposed by
the Academic Council, the Academic Council may appeal to the 1 [Chancellor] 1 and the 1
[Chancellor] 1 , may, by order, direct that the proposed regulation may be laid before the next
meeting of the General Council for its approval and that pending such approval of the
General Council it shall have effect from such date as may be specified in that order:
Provided that if the regulation is not approved by the General Council at such
meeting, it shall cease to have effect.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(4) All regulations made by the Executive Council shall be submitted, as soon as
may be, for approval, to the 1 [Chancellor] 1 and to the General Council at its next meeting,
and the General Council shall have power by a resolution passed by a majority of not less
than two thirds of the members present, to cancel any regulation made by the Executive
Council and such regulations shall from the date of such resolution cease to have effect.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(2) The commission shall consist of not less than three eminent educationists, one of
whom shall be the chairman of such commission appointed by the
1
[Chancellor] 1 in consultation with the State Government.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(3) The terms and conditions of the appointment of the members shall be such as the
1
[Chancellor] 1 may determine.
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(4) The commission shall after holding such enquiry as it deems fit, make its
recommendation to the 1 [Chancellor] 1
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(5) The 1 [Chancellor] 1 may take such action on the recommendations as he deems
fit.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
18. Authorities and officers of the School etc.- The authorities of the School and
their composition, powers, functions and other matters relating to them, the officers of the
School and their appointment, powers, functions and other matters relating to them and all
other matters relating to the finances, powers, teaching, administration and management of
the affairs of the School shall, subject to the provisions of this Act be as specified in the
Schedule or as may be provided by the regulations.
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19. Indemnity.- No suit, prosecution or other legal proceedings shall lie against and
no damages shall be claimed from, the School, the 1 [Vice Chancellor] 1, the authorities or
officers of the School or any other person in respect of anything which is in good faith done
or purporting to have been done in pursuance of this Act or any regulations made
thereunder.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
20. Power to amend Schedule.- (1) The General Council may, with the prior
approval of the 1 [Chancellor] 1 and the State Government, by notification amend either
prospectively or retrospectively, the Schedule.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(2) A copy of every notification made under sub-section (1) shall be laid before each
House of the State Legislature, as soon as may be, after it is made.
21. Act to have overriding effect.- The provisions of this Act and any regulation
made thereunder shall have effect notwithstanding anything inconsistent therewith contained
in any other law for the time being in force or in any instrument having effect by virtue of any
law other than this Act.
22. Repeal and Savings.- (1) The National Law School of India Ordinance, 1986
(Karnataka Ordinance 1 of 1986) is hereby repealed and shall be deemed never to have
been promulgated.
(2) Notwithstanding such repeal anything done or any action taken under the said
Ordinance shall be deemed to have been done or taken under this Act.
SCHEDULE
(See section 18)
1. Definitions.- In this Schedule, unless the context otherwise requires,-
(1) "clause" means a clause of this Schedule;
(2) "teacher" includes professors, associate professors, assistant professors,
readers, lecturers and any other person imparting instructions in the School.
2. Membership of General Council.- (1) There shall be a General Council of the
School, which shall consist of the following members, namely.-
(a) the Chairman of the Bar Council of India;
(b) the 1 [Vice Chancellor] 1
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(c) two nominees of the Bar Council of India Trust from among its trustees of whom
one shall be the managing Trustee;
(d) six nominees of the Bar Council of India from amongst its members;
1
(e) two persons nominated by the Bar Council of India in consultation with the
[Chancellor] 1
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
13
(g) two Judges from among the Judges of the Supreme Court and High Courts,
nominated by the Bar Council of India in consultation with the 1[Chancellor]1;
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(h) five persons nominated by the Bar Council of India Trust from among persons
connected with administration of law and education, in consultation with the 1
[Chancellor] 1;
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(3) The Managing Trustee of the Bar Council of India Trust shall be the Treasurer of
the School.
4. Term of office of members of the General Council.- (1) The term of office of
the members of the General Council shall, subject to sub-clauses (2) and (3), be three years:
Provided that the term of the first General Council will expire on constitution of the
regular General Council under the provisions of this Schedule.
(2) Where a member of the General Council becomes such member by reason of
the office or appointment he holds or is a nominated member, his membership shall
terminate when he ceases to hold such office or appointment or as the case may be, his
nomination is withdrawn or cancelled.
(3) A member of the General Council shall cease to be a member, if he resigns or
becomes of unsound mind, or becomes insolvent or is convicted of a criminal offence
involving moral turpitude or if a member other than the 1 [Vice Chancellor] 1, accepts a full
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14
time appointment in the School or if he fails to attend three consecutive meetings of the
General Council without the leave of the Chairman.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(4) A member of the General Council may resign his office by a letter addressed to
the Chairman and such resignation shall take effect as soon as such resignation has been
accepted by him.
(5) Any vacancy in the General Council shall be filled either by appointment or
nomination, as the case may be, of a person by the respective authority, entitled to make the
same and the person so appointed or nominated shall hold office so long only as the
member in whose place he is appointed or nominated could have held office if the vacancy
had not occurred.
[5. Powers of the General Council.- The General Council shall have the following
1
powers namely:-
(1) to review from time to time the broad policies and programme of the school
and suggest measures for the improvement and development of the school.
(2) to consider and pass the resolution on the annual report, financial estimates
and the audit reports on such accounts.
(3)to perform such other functions as it may deem necessary for the efficient
functioning and administration of the school.]1
1. Substituted by Act 3 of 1993 w.e.f. 14.5.1992
6. Meetings of the General Council.- (1) The General Council shall meet at least
once in a year. An annual meeting of the General Council shall be held on a date to be fixed
by the Executive Council, unless some other date has been fixed by the General Council in
respect of any year.
(2) The Chairman shall preside over the meetings. In the absence of the Chairman,
the Managing Trustee of the Bar Council of India Trust and in the absence of both of them
the 1 [Vice Chancellor] 1 shall preside:
Provided that the 1 [Chancellor] 1 may attend the meetings of the General Council
and if he so attends a meeting, he shall preside over such meeting.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(3) A report of the working of the School during the previous year, together with a
statement of receipts and expenditure, the balance sheet as audited, and the financial
estimate shall be presented by the 1 [Vice Chancellor] 1 to the General Council at its annual
meeting.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(4) Meetings of the General Council shall be called by the Chairman, or in his
absence by the 1 [Vice Chancellor] 1 either on his own or at the request of not less than ten
members of the General Council.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(5) For every meeting of the General Council 15 days notice shall be given.
(6) One-third of the members of the General Council shall form the quorum.
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(7) Each member shall have one vote and if there be equality of votes on any
question to be determined by the General Council, the Chairman or the person presiding
over the meeting shall, in addition, have a casting vote.
(8) In case of difference of opinion among the members, the opinion of the majority
shall prevail.
(9) If urgent action by the General Council becomes necessary, the Chairman may
permit the business to be transacted by circulation of papers to the members of the General
Council. The action proposed to be taken shall not be taken unless agreed to by a majority
of the members of the General Council. The action so taken shall be forthwith intimated to
all the members of the General Council and the papers shall be placed before the next
meeting of the General Council for confirmation.
7. Membership of the Executive Council.- (1) The Executive Council shall
consist of the following, namely.-
(a) the 1 [Vice Chancellor] 1
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
16
meetings of the Executive Council without the leave of the Chairman of the Executive
Council.
(3) Unless their membership of the Executive Council is previously terminated as
provided in the above sub-clauses members of the Executive Council shall relinquish their
membership on the expiry of three years from the date on which they become members of
the Executive Council but shall be eligible for re-nomination or re-appointment, as the case
may be:
Provided that the term of the first Executive Council shall be five years.
(4) A member of the Executive Council other than an ex-officio member may resign
his office by a letter addressed to the Chairman of the Executive Council and such
resignation shall take effect as soon as it has been accepted by the Chairman of the
Executive Council.
(5) Any vacancy in the Executive Council shall be filled either by appointment or
nomination, as the case may be, by the respective authority entitled to make the same and
on the expiry of the period of the vacancy . such appointment or nomination shall cease to
be effective.
9. Powers and functions of the Executive Council.- Without prejudice to clause
5, the Executive Council shall have the following powers and functions, namely:-
(1) to appoint, from time to time, the 1 [Vice Chancellor] 1 the Registrar, the Librarian,
Professors, Associate Professors, Assistant Professors and other members of the teaching
staff, as may be necessary, on the recommendations of the selection committee constituted
by regulations for the purpose:
Provided that no action shall be taken by the Executive Council, except in cases
covered by the second proviso, in regard to the number, qualifications and emoluments of
teachers, otherwise than after consideration of the recommendations of the Academic
Council:
Provided further that it shall not be necessary to constitute any selection committee
for making appointments,-
(a) to any supernumerary post; or
(b) to the post of professor of a person of high academic distinction, eminence
and professional attainment invited by the Executive Council to accept the
post;
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(2) to create administrative, ministerial and other necessary posts, to determine the
number and emoluments of such posts, to specify minimum qualification for appointment to
such posts and to appoint persons to such posts on such terms and conditions of service as
may be prescribed by the regulations made in this behalf, or to delegate the powers of
appointments to such authority or authorities or officer or officers as the Executive Council
may, from time to time, by resolution, either generally or specifically, direct;
(3) to grant in accordance with the regulations leave of absence other than casual
leave to any officer of the School and to make necessary arrangements for the discharge of
the functions of such officer during his absence;
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(4) to manage and regulate the finances, accounts, investments, property, business
and all other administrative affairs of the School and for that purpose to appoint such agents,
as it may think fit;
(5) to invest any money belonging to the School, including any unapplied income, in
such stock, funds, shares or securities, as it may from time to time, think fit or in the
purchase of immovable property in India, with the like power of varying such investments
from time to time;
(6) to transfer or accept transfers of any movable or immovable property on behalf
of the School;
(7) to enter into, vary, carry out and cancel contracts on behalf of the School and for
that purpose to appoint such officers as it may think fit;
(8) to provide the buildings, premises, furniture and apparatus and other means
needed for carrying on the work of the School;
(9) to entertain, adjudicate upon, and if it thinks fit, to redress any grievances of the
officers of the School, the teachers, the students and the School employees, who may, for
any reason, feel aggrieved, otherwise than by an act of a court;
(10) to appoint examiners and moderators, and if necessary to remove them and to
fix their fees, emoluments and travelling and other allowances, after consulting the Academic
Council;
(11) to select a common seal for the School and to provide for the custody of the
seal; and
(12) to exercise such other powers and to perform such other duties as may be
conferred or imposed on it by or under this Act.
10. Meeting of the Executive Council.- (1) The Executive Council shall meet
atleast once in three months and not less than fifteen days notice shall be given of such
meeting.
(2) Six members of the Executive Council, shall constitute a quorum at any meeting
thereof.
(3) In case of difference of opinion among the members, the opinion of the majority
shall prevail.
(4) Each member of the Executive Council shall have one vote and if there shall be
equality of votes on any question to be determined by the Executive Council, the Chairman
of the Executive Council, or as the case may be, the member presiding over that meeting
shall, in addition, have a casting vote.
(5) Every meeting of the Executive Council shall be presided over by the 1[Vice
Chancellor] 1, and in his absence by a member chosen by the members present to preside
on the occasion.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(6) If urgent action by the Executive Council becomes necessary, the 1[Vice
Chancellor] 1 may permit the business to be transacted by circulation of papers to the
members of the Executive Council. The action proposed to be taken shall not be taken
unless agreed to by a majority of members of the Executive Council. The action so taken
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18
shall be forthwith intimated to all the members of the Executive Council. The papers shall be
placed before the next meeting of the Executive Council for confirmation.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
13. Membership of the Academic Council.- (1) The academic council shall
consist of the following persons, namely:-
(a) the 1 [Vice Chancellor] 1, who shall be the chairman thereof;
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(b) three persons from amongst the educationists of repute or men of letters or
members of the learned professions or eminent public men, who are not in
the service of the School, nominated by the Bar Council of India, in
consultation with the 1[Chancellor] 1;
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
19
14. Powers and duties of the Academic Council.- Subject to the provisions of this
Act and the regulations the Academic Council shall, in addition to all other powers vested in
it, have the following powers, namely:-
(1) to report on any matter referred or delegated to it by the General Council or
the Executive Council;
(2) to make recommendations to the Executive Council with regard to the
creation, abolition or classification of teaching posts in the School and the emoluments and
the duties attached thereto;
(3) to formulate and modify or revise schemes for the organisation of the
faculties, and to assign to such faculties their respective subjects and also to report to the
Executive Council as to the expediency of the abolition or sub-division of any faculty or the
combination of one faculty with another;
(4) to make arrangements through regulations for the instruction and examination
of persons other than those enrolled in the School;
(5) to promote research within the School and to require, from time to time,
reports on such research;
(6) to consider proposals submitted by the faculties;
(7) to appoint committees for admission to the School;
(8) to recognise diplomas and degrees of other universities and institutions and
to determine their equivalence in relation to the diplomas and degrees of the School;
(9) to fix, subject to any conditions accepted by the General Council, the time,
mode and conditions of competition for fellowships, scholarships and other prizes, and to
award the same;
(10) to make recommendations to the Executive Council in regard to the
appointment of examiners and if necessary their removal and the fixation of their fees,
emoluments and travelling and other expenses;
(11) to make arrangements for the conduct of examinations and to fix dates for
holding them;
(12) to declare the result of the various examinations, or to appoint committees or
officers to do so, and to make recommendations regarding the conferment or grant of
degrees, honours, diplomas, licences, titles and marks of honour;
(13) to awards stipends, scholarships, medals and prizes and to make other
awards in accordance with the regulations and such other conditions as may be attached to
the awards;
(14) to publish lists of prescribed or recommended text-books and to publish
syllabus of the prescribed courses of study;
(15) to prepare such forms and registers as are, from time to time, prescribed by
regulations; and
(16) to perform, in relation to academic matters, all such duties and to do all such
acts as may be necessary for the proper carrying out of the provisions of this Act and the
regulations.
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15. Procedure of the Meetings of the Academic Council.- (1) The Academic
Council shall meet as often as may be necessary, but not less than two times during an
academic year.
(2) One half of the total number of members of the Academic Council shall form
quorum for a meeting of the Academic Council.
(3) In case of difference of opinion among the members, the opinion of the majority
shall prevail.
(4) Each member of the Academic Council, including the Chairman of the Academic
Council, shall have one vote and if there shall be an equality of votes on any question to be
determined by the Academic Council the Chairman of the Academic Council or as the case
may be, the member presiding over the meeting, shall, in addition, have a casting vote.
(5) Every meeting of the Academic Council shall be presided over by the Chairman
of the Academic Council and in his absence, by a member chosen by the meeting to preside
on the occasion.
(6) If urgent action by the Academic Council becomes necessary, the Chairman of
the Academic Council may permit the business to be transacted by circulation of papers to
the members of the Academic Council. The action proposed to be taken shall not be taken
unless agreed to by a majority of members of the Academic Council. The action so taken
shall be forthwith intimated to all the members of the Academic Council. The papers shall be
placed before the next meeting of the Academic Council for confirmation.
16. Finance Committee.- (1) There shall be a Finance Committee constituted by
the Executive Council consisting of the following, namely:-
(a) the Treasurer of the School;
(b) the 1 [Vice Chancellor] 1
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(c) three members nominated by the Executive Council from amongst its
members out of whom atleast one would be from the Bar Council of India
and one from the Government of Karnataka.
1
(2) The members of the Finance Committee other than the [Vice Chancellor] 1,
shall hold office for a term of three years.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(3) The functions and duties of the Finance Committee shall be as follows, namely:-
(a) to examine and scrutinise the annual budget of the School and to make
recommendations on financial matters of the Executive Council;
(b) to consider all proposals for new expenditure and to make recommendations
to the Executive Council;
(c) to consider the periodical statements of the accounts and to review the
finances of the School from time to time and to consider reappropriation
statements and audit reports and to make recommendations to the Executive
Council
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(d) to give its views and to make recommendations to the Executive Council on
any financial question affecting the School either on its own initiative or on
reference from the Executive Council or the 1 [Vice Chancellor] 1;
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(4) The Finance Committee shall meet atleast twice every year. Three members of
the Finance Committee shall form the quorum.
(5) The Treasurer shall preside over the meetings of the Finance Committee, and in
his absence, the 1 [Vice Chancellor] 1 shall preside. In case of difference of opinion among
the members, the opinion of the majority of the members present shall prevail.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
17. Selection Committee.- (1) The Executive Council shall constitute selection
committee for making recommendations to the Executive Council for appointment to posts of
professors, associate professors and other teachers in the School.
(2) The selection committee shall consist of the following members:-
(a) the 1 [Vice Chancellor] 1, who shall be the chairman of the committee;
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(3) The meeting of the selection committee shall be convened by the Director
whenever necessary. The 1 [Vice Chancellor] 1 shall preside over the meetings of the
selection committee. Three members of whom one shall be the expert of the selection
committee shall form the quorum.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
18. 1[Vice Chancellor] 1- (1) The 1 [Vice Chancellor] 1 of the School shall be
appointed by the Executive Council in accordance with the regulations made in that behalf
and in consultation with the 1 [Chancellor] 1:
Provided that the First 1 [Vice Chancellor] 1 shall be appointed by he Society with the
approval of the Bar Council of India.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(2) Subject to the specific and general directions of the Executive Council, the 1
[Vice Chancellor] 1 shall exercise all powers of the Executive Council in the management
and administration of the School.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(3) The 1 [Vice Chancellor] 1 who shall be an academic person and a Professor of
Law at the School, shall hold office for a term of five years, which shall be renewable by a
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resolution to that effect by the Executive Council or upto the age of retirement of the
members of the teaching staff, whichever is earlier. Upon the expiry of this term, he shall
continue in office until his successor is appointed and enters upon his office.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(a) ensure that the provisions of this Act and the regulations are duly observed,
and he shall have all powers as are necessary for that purpose;
(b) convene the meetings of the General Council, the Executive Council, the
Academic Council and shall perform all other acts, as may be necessary to
give effect to the provisions of this Act;
(c) represent the School in suits or proceedings by or against the School, sign
powers-of-attorney and verify the pleadings or depute representatives for the
purpose.
(d) have all powers relating to the proper maintenance of discipline in the School.
(5) If, in the opinion of the 1 [Vice Chancellor] 1, any emergency has arisen, which
requires that immediate action be taken, he shall take such action as he deems necessary
and shall report the same for confirmation to the next meeting of the authority, which, in the
ordinary course, would have dealt with the matter.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
19. Heads of the Departments.- (1) There shall be a Head of the Department for
each of the departments in the School.
(2) The powers, functions, appointments and the conditions of service of the Heads
of the Departments shall be as prescribed by the regulations.
20. Registrar.- (1) The Registrar shall be appointed by the Executive Council and
shall be a whole time officer of the School. The terms and conditions of service of the
Registrar shall be such as may be prescribed by the regulations.
(2) The Registrar shall be the ex-officio Secretary of the Executive Council, the
Academic Council, the Finance Committee and the faculties, but shall not be deemed to be a
member of any of these authorities.
(3) The Registrar, shall,-
(a) comply with all directions and orders of the Executive Council and the
Director;
(b) be the custodian of the records, common seal and such other property of the
School as the Executive Council shall commit to his charge;
(c) issue all notices convening meeting of the Executive Council, the Academic
Council, the Finance Committee, the faculties, the Board of studies and of
any committee, appointed by the authorities of the School;
(d) keep the minutes of all meetings of the Executive Council, the Academic
Council, the Finance Committee, the faculties and any committee appointed
by the authorities of the School;
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(e) conduct the official correspondence of the Executive Council and the
Academic Council;
(f) supply the 1 [Chancellor] 1, the copies of the agenda of the meetings of the
authorities of the School, as soon as they are issued and the minutes of the
meetings of the authorities, ordinarily within a month of the holding of the
meeting;
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(i) perform such other duties as may be assigned, from time to time, by the
Executive Council or the 1 [Vice Chancellor ] 1
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
(4) In the event of the post of the Registrar remaining vacant for any reason, it shall
be open to the 1 [Vice Chancellor ] 1 to authorise any officer in the service of the School to
exercise such powers, functions, and duties of the Registrar as the Director deems fit.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
21. Other Officers and Employees.- (1) Subject to the regulations made for the
purpose every other officer or employee of the School shall be appointed under a written
contract setting out the conditions of service as prescribed by the regulations which shall be
lodged with the School and a copy thereof furnished to the officer or employee concerned.
(2) Any dispute arising out of the contract between the School and any of its officers
or employees shall, at the request of the officer or the employee concerned, or at the
instance of the School be referred to a Tribunal for arbitration consisting of three members
appointed by the Executive Council as prescribed by the regulations.
22. Provident Fund, Gratuity, Pension and any other benefit Scheme.- All the
permanent employees of the School shall be entitled to the benefit of the provident fund and
gratuity in accordance with such regulations as may be framed in that behalf by the
Executive Council.
23. Funds of the School.- (1) There shall be for the School a School Fund which
shall include,-
(a) any contribution or grant made by the State Governments;
(b) any contribution or grant made by the University Grants Commission or the
Central Government;
(c) any contribution made by the Bar Council of India;
(d) any contribution made by the Bar Council of India Trust;
(e) any contribution made by the State Bar Councils;
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32. Discipline.- (1) The final authority responsible for maintenance of discipline
among the students of the School shall be the 1 [Vice Chancellor ] 1. His directions in that
behalf shall be carried out by the Heads of the School, hostels and institutions.
1. Substituted by Act 15 of 2004 w.e.f. 6.3.2004
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33. Sponsored Schemes.- Whenever the School receives funds from any
Government, the University Grants Commission or other agencies sponsoring a scheme to
be executed by the School, notwithstanding anything in this Act and Regulations,-
(a) the amount received shall be kept by the School separately from the School
Fund and utilised only for the purpose of the scheme; and
(b) the staff required to execute the scheme shall be recruited in accordance
with the terms and conditions stipulated by the sponsoring organisation.
****
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147
Published in the Karnataka Gazette Part IV-A Extra Ordinary No. 323 dated 6-3-2004 in Notification No. XE 46 } 2002
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Amending Act 19 of 2011.- The Honble Chief Justice of India in his letter dated: 29.06.2010 has desired that
the word Chancellor be substituted with the word Visitor as it stood prior to the amendment by Karnataka Act 15 of
2004 and to provide that the Chief Justice of India or his nominee who shall be a sitting Judge of the Supreme Court of
India shall be the Visitor. Therefore, it is considered necessary to amend the National Law School of India Act, 1986.